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February 4, 2016

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

RE: Exemption Request Pursuant to Section 333 of the FAA Modernization and

Reform Act of 2012, 49 U.S.C. § 44701(f), and Part 11 of the Federal Aviation

Regulations

To Whom It May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR 

Part 11, I 3 Productions, hereby applies for an exemption from Federal Aviation 

Regulations (FARs) identified below, to allow commercial operations of small-unmanned 

aerial systems (sUAS).

I 3 Productions is a production company specializing in management, promotion, and 

photography. This exemption will help us expand business through safe flying practices. 

Both partners in there spare time are active in Texas Search & Rescue so this exemption 

will also help us to implement (sUAS) on our search missions, which is way more cost 

effective than helicopters. This will certainly be a huge benefit for the community.

The exemption is based upon information outlined in this document by I 3 Productions, 

manufacturers manuals and guides, and any other requirements established by the FAA 

pursuant to Section 333 of the Reform Act.

The exemption would permit commercial operation by I 3 Productions, which uses 

Yuneec Typhoon Q500 4k, Yuneec Typhoon H, Yuneec H920, DJI Phantom, DJI Inspire 

1, DJI Spreading wings S-1000, and the DJI Matrice 100. The purpose of the exemption 

is to conduct search & rescue (emergency response), news gathering, data collection, 

wildlife surveys, inspections, precision agriculture & conservation, mapping, real estate, 

commercial videos, closed set filming, and any other related entities/activities that can 

utilize the safe and efficient operation of sUAS aircraft.

I 3 Productions will operate under controlled visual flight rules (VFR) conditions at low 

altitude in airspace that is permitted in accordance with the approved certificate of 

authorization (COA). All pilots of sUASs will meet all standards set forth by the FAA. 

Table of Contents

I. Exemptions Requested
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II. Commercial Operation/Operator

III. Unmanned Aircraft System (UAS)

IV. UAS Pilot-in-Command (PIC)

V. Public Interest

VI. Summary

VII. List of Attachments

VIII. Conclusion

I. Exemptions Requested

Pursuant to 14 C.F.R. § 11.81(e), I 3 Productions requests exemption from the

following regulations:

 14 C.F.R. Part 21 Subpart H – Airworthiness Certificates

o Establishes: The procedural requirements for the issuance of airworthiness 

certificates as required by 14 C.F.R. § 91.203(a)(1)

Given the small size of the UA and the safeguards that will be taken as outline below, 

an exemption from Part 21 Subpart H meets the requirements of an equivalent level 

of safety

under Part 11 and Section 333 of the FMRA with consideration “of the size, weight, 

speed, operational capability, and proximity to airports and populated areas of the

particular UAS.”

 14 C.F.R. § 45.23(b) – Aircraft Marking and Identification Requirements

o When marks include only the Roman capital letter "N" and the 

registration number is displayed on limited, restricted or light-sport 

category aircraft or

experimental or provisionally certificated aircraft, the operator must also 

display on that aircraft near each entrance to the cabin, cockpit, or pilot 

station, in letters

not less than 2 inches nor more than 6 inches high, the words "limited," 

"restricted," "light-sport, "experimental," or "provisional," as applicable.

I 3 Productions will ensure compliance with § 45.29(f) to meet the intent of

the regulation by displaying the registration number in the largest practicable lettering.

 14 C.F.R. 61.113 (a)(b) and 61.133(a)(1)(ii) and 61.101 – Recreational, 

Private and Commercial Pilot Privilege and Limitations

o 14 C.F.R. § 61.113: (a) Except as provided in paragraphs (b) through 

(g) of this section, no person who holds a private pilot certificate may act as pilot 

in command of an aircraft that is carrying passengers or property for 

compensation or hire; nor may that person, for compensation or hire, act as pilot 

in command of an aircraft. (b) A private pilot may, for compensation or hire, act 

as pilot in command of an aircraft in connection with any business or employment
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o 14 C.F.R. § 61.133: (a) Privileges – (1) General. A person who holds a

commercial pilot certificate may act as pilot in command of an aircraft – (ii) For

compensation or hire, provided the person is qualified in accordance with this part

and with the applicable parts of this chapter that apply to the operation.

o 14 C.F.R. § 61.101: (a) A person who holds a recreational pilot certificate 

may not act as pilot in command of an aircraft:

 For compensation or hire;

 In furtherance of a business;

UA operations will employ a PIC who holds, at a minimum, a recreational or sport pilot

certificate of any category or class and a valid driver’s license.

 14 C.F.R. 91.7(a) – Civil Aircraft Airworthiness

o No person may operate a civil aircraft unless it is in an airworthy condition.

The PIC will conduct daily pre and post flight inspections in accordance with

manufactures maintenance manual(s) and guidance. During flight, the PIC will adhere to

§ 91.7(b) and abort air operations immediately upon identification of an in-flight

emergency or other unsafe condition. By complying with procedures outlined by the

manufacturer, an equivalent level of safety will be achieved.

 14 C.F.R. 91.9(b) Civil aircraft flight manual, marking, and placard 

requirements

o (b)(2) prohibits operation of U.S.-registered civil aircraft unless there is 

available in the aircraft a current approved Airplane or Rotorcraft Flight 

Manual, approved manual material, markings, and placards, or any 

combination thereof.

By keeping all operating documents, manuals, authorizations and exemptions in a binder

co-located with the GCS, I 3 Productions meet the intent of the regulations

and therefore achieve an equivalent level of safety.

 14 C.F.R. 91.109(a) – Flight Instruction

o No person may operate a civil aircraft (except a manned free balloon) that is 

being used for flight instruction unless that aircraft has fully functioning dual 

controls.

The majority of sUAS by design are developed with single operational control through

the use of pre-determined GPS enabled waypoints programmed before or during flight in

addition to the use of a single hand held transmitter or control station controlled by the

PIC. The design does not allow for dual controls during flight training and therefore the

exemption is requested to train operators, build experience, and maintain proficiency. An

equal level of safety will be achieved by conducting all training in sterile environments.

Training sessions will be accomplished separately from flights conducted for

compensation or hire. 

 14 C.F.R. 91.119 (c) – Minimum Safe Altitudes
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o Except when necessary for takeoff or landing, no person may operate an 

aircraft below the following altitudes: (b) Over any congested area of a city, 

town, or settlement, or over any open air assembly of persons, an altitude of 

1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet 

of the aircraft. (c) Over other than congested areas. An altitude of 500 feet 

above the surface, except over open water or sparsely populated areas. In 

those cases, the aircraft may not be operated closer than 500 feet to any

person, vessel, vehicle, or structure. (d) Helicopters, powered parachutes, and 

weight-shift-control aircraft. If the operation is conducted without hazard to 

persons or property on the surface— (1) A helicopter may be operated at less 

than the minimums prescribed in paragraph (b) or (c) of this section, provided 

each person operating the helicopter complies with any routes or altitudes 

specifically prescribed for helicopters by the FAA.

Commercial UAS operations will be conducted at or below the maximum altitude

authorized by COA. Given the size, weight and lack of fuel; combined with operation

limitations listed below, the operation will be conducted with a greater level of safety

than exists with current manned aviation operations.

 14 C.F.R. 91.121 – Altimeter Settings

Each person operating an aircraft shall maintain the cruising altitude or flight level of that

aircraft, as the case may be, by reference to an altimeter that is set, when operating...

SUAS are equipped with Global Positioning System (GPS), which provide altitude and 

geolocation data to the operator without utilizing an altimeter. Due to this fact, an 

exemption is required. GPS are precise within a few feet and combined with fail-safes 

and a visual observer the operation will meet an equivalent level of safety.

 14 C.F.R. 91.151(a) – Fuel Requirements for Flight in VFR Conditions

o No person may begin a flight in an airplane under VFR conditions unless

(considering wind and forecast weather conditions) there is enough fuel to fly to

the first point of intended landing and, assuming normal cruising speed— (1)

During the day, to fly after that for at least 30 minutes;

This regulation is written based on the capabilities of a traditional aircraft, which have

flight times of several hours or greater; therefore, with the majority of sUAS which have

flight times of only forty five minutes or less, this regulation would effectively deny the 

ability of

the air vehicle to operate.

The PIC will achieve an equivalent level of safety by complying with all manufacturer

guidelines and the manufacturer’s low battery failsafe system. 

  14 C.F.R. 91.215(b) – ATC Transponder and Altitude Reporting 

Equipment and USE

o All airspace. Unless otherwise authorized or directed by ATC, no person may

operate an aircraft in the airspace described in paragraphs (b)(1) through (b)(5) of
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this section, unless that aircraft is equipped with an operable coded radar beacon

transponder having either Mode 3/A 4096 code capability, replying to Mode 3/A

interrogations with the code specified by ATC, or a Mode S capability, replying

to Mode 3/A interrogations with the code specified by ATC and intermode and

Mode S interrogations in accordance with the applicable provisions specified in

TSO C-112, and that aircraft is equipped with automatic pressure altitude

reporting equipment having a Mode C capability that automatically replies to

Mode C interrogations by transmitting pressure altitude information in 100-foot

increments. This requirement applies—

(1) All aircraft. In Class A, Class B, and Class C airspace areas;

(2) All aircraft. In all airspace within 30 nautical miles of an airport listed in

appendix D, section 1 of this part from the surface upward to 10,000 feet MSL;

(3) Notwithstanding paragraph (b)(2) of this section, any aircraft which was not

originally certificated with an engine-driven electrical system or which has not

subsequently been certified with such a system installed, balloon or glider may

conduct operations in the airspace within 30 nautical miles of an airport listed in

appendix D, section 1 of this part provided such operations are conducted—

(i) Outside any Class A, Class B, or Class C airspace area; and

(ii) Below the altitude of the ceiling of a Class B or Class C airspace area

designated for an airport or 10,000 feet MSL, whichever is lower; and

(4) All aircraft in all airspace above the ceiling and within the lateral boundaries

of a Class B or Class C airspace area designated for an airport upward to 10,000

feet MSL; and

(5) All aircraft except any aircraft which was not originally certificated with an

engine-driven electrical system or which has not subsequently been certified with

such a system installed, balloon, or glider—

(i) In all airspace of the 48 contiguous states and the District of Columbia at and

above 10,000 feet MSL, excluding the airspace at and below 2,500 feet above the

surface; and 

(ii) In the airspace from the surface to 10,000 feet MSL within a 10-nautical-mile

radius of any airport listed in appendix D, section 2 of this part, excluding the

airspace below 1,200 feet outside of the lateral boundaries of the surface area of

the airspace designated for that airport.

The sUAS to be used in the proposed operation does not come equipped with a

transponder. No transponder exists for the sUAS, which can be installed. The petitioner

requests relief from the exemption to the extent required to operate in areas in which a

transponder is required according the applicable regulations in this part.
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The PIC will achieve an equivalent level of safety by complying with all provisions of

the COA under which operations are to be conducted. By issuing appropriate NOTAMS

and prior ATO coordination, an equivalent level of safety can be achieved as other

manned aircraft, which receive authorization to fly in airspace where a transponder is

required but not operable. In order to give proper notice to the ATO, the PIC will comply

with the provisions of 91.215(d)(3). The sUAS flown under this exemption will comply

with all altitude limits and airport standoff distances required by COA, which mitigate

hazards to aircraft controlled by the ATO in congested airspace.

 14 C.F.R. 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) & (b) – Maintenance

Inspections

o 91.405(a) States: Each owner or operator of an aircraft—(a) Shall have that

aircraft inspected as prescribed in subpart E of this part and shall between

required inspections, except as provided in paragraph (c) of this section, have

discrepancies repaired as prescribed in part 43 of this chapter

o 91.407(a)(1) States: (a) No person may operate any aircraft that has undergone

maintenance, preventive maintenance, rebuilding, or alteration unless—(1) It has

been approved for return to service by a person authorized under § 43.7 of this

chapter

o 91.409(a)(2) States: (a) Except as provided in paragraph (c) of this section, no

person may operate an aircraft unless, within the preceding 12 calendar months, it

has had—(2) An inspection for the issuance of an airworthiness certificate in

accordance with part 21 of this chapter. No inspection performed under paragraph

(b) of this section may be substituted for any inspection required by this

paragraph unless it is performed by a person authorized to perform annual

inspections and is entered as an ‘‘annual’’ inspection in the required maintenance

records.

o 91.417(a) & (b) States: (a) Except for work performed in accordance with §§

91.411 and 91.413, each registered owner or operator shall keep the following

records for the periods specified in paragraph (b) of this section: (paragraphs 1 (i

– iii), 2 (i – vi)); (b) The owner or operator shall retain the following records for

the periods prescribed: (paragraphs 1 – 3)

The PIC will conduct Pre/Post flight inspections and maintenance in accordance with the

manufacturer’s guidance as stated in the operations manual. If maintenance is required,

the PIC will conduct a dedicated test flight will be conducted to ensure safety before

resuming commercial operations. All inspection, maintenance and alterations will be

documented and maintained in a record. These actions will meet the intent of the

regulations from which exemption is being requested and lead to an equivalent level of

safety.

II. Commercial Operator/Operation

Any UA flown under this exemption will be controlled by a certificated PIC. The PIC 

will hold, at a minimum, a recreational or sport pilot certificate.
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For each flight I 3 Productions: 

 Will contact the controlling air traffic organization to issue a NOTAM if 

applicable 

 Will conduct a comprehensive worksite inspection and analysis, identifying limits 

of customer property or authorized access areas.

 Will conduct preflight planning in accordance with Section 91.103 Preflight 

Action.

 Will operate in those areas only with the consent of the landowner or designated 

representative. Will identify potential obstructions or other hazards to safe 

operation. Will clear the area of personnel or bystanders that are non-essential to 

the operation, maintaining at a minimum, 500 feet away from non-participating 

persons.

 Will conduct a preflight safety briefing to Visual Observer (VO) and participating 

persons.

 Will at all times yield to manned air traffic.

 Will operate within VLOS of both PIC and VO during daylight hours only.

 Will maintain voice communications with VO and participating persons.

 Will operate under visual flight rules, in visual meteorological conditions, for the 

airspace in which the flight is conducted.

 Will not exceed the maximum altitude as defined in the COA under which flight 

authorized, as determined by the installed GPS.

 Will keep operating documents, manuals, authorizations and exemptions in a 

binder collocated with the GCS.

 Will immediately terminate flight, in the safest manner possible, when safety to 

persons or property become compromised.

 Will terminate flight, in the safest manner possible, when unable to comply with 

these limitations or any other limitations granted as part of this exemption.

In order to remain at an altitude at or below the attitude prescribed by the applicable 

COA, relief is needed from Section 91.119 (c). 

By following these operating standards, the commercial operation will meet an equivalent 

level of safety to the regulation in which relief is sought. 

III. Unmanned Aircraft System

I 3 Productions seeks exemption to operate Yuneec Typhoon Q500 4k, Yuneec Typhoon 

H, Yuneec H920, DJI Phantom, DJI Inspire 1, DJI Spreading wings S-1000, and the DJI 

Matrice 100. The UA will be flown via a combination of RC control and tablet

GCS. This UA type is a GPS equipped, multirotor helicopter. A quad-copter type 

rotorcraft utilizing four motors. Lithium-polymer batteries power the UA.

The Yuneec and DJI UA’s types have several fail-safes for loss of RC signal, loss of 

GPS, and low battery as outlined in the respective Operation Manuals. The UA display

visual and emit an audible low battery alerts at which time the UA will automatically
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engage the landing sequence. Based upon those safeguards, I request exemption from 

Section 91.151(b) Fuel requirements for flight in VFR conditions.

Given the size, weight, speed, and controlled operating area associated with the UA to be

utilized, an exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and 

§ 91.203 (a) and (b) is requested. Exemption is sought from § 45.23 Marking of the 

aircraft. The UA will display the registration number in the largest practicable lettering. I 

3 Productions seeks to be exempt from § 91.405(a), 91.407(a)(1), 91.409(a)(2) and 

91.417(a) and (b) Maintenance inspections will be conducted according to operations 

manual and prudent judgment as previously outlined to determine the integrity and safety 

of the UA and associated equipment. Further, relief is required from 91.7(a), which 

prohibits the operation of an aircraft without an airworthiness certificate and 91.9(b) (2) 

requiring an approved flight manual in the aircraft. The UA will not be operating with an 

airworthiness certificate therefore, this would be inappropriate. The UAS are too small to 

carry the operating documents so an equivalent amount of safety can be achieved through 

keeping the operating documents and manuals at the GCS.

IV. UAS Pilot in Command (PIC)

Under part § 61, recreational, sport and private pilots are limited to non-commercial 

operations, however I 3 Productions can ensure UA operations will achieve an 

equivalent level

of safety as current regulation because UA do not carry any pilots or passengers. A 

commercial pilot certificate will not ensure RC piloting ability, as the psychomotor skills 

are different. The inherent risks of operating a UAS are far less than in the commercial 

activities outlined in 14 CFR part 61, et seq., thus exemption is requested from § 61.101 

Recreational Pilot Privileges and Limitations. PICs will maintain recent flight experience 

on the UAS. Training and experience flights will be conducted separate from commercial 

operations.

V. Public Interest

Given the above stated evidence, procedures, and precautions operating UAS 

commercially for the purposes of conducting search & rescue (emergency response), 

news gathering, data collection, wildlife surveys, inspections, precision agriculture & 

conservation, mapping, real estate, commercial videos, closed set filming, and any other 

related entities/activities that can utilize the safe and efficient operation of sUAS aircraft 

will ultimately be in the public interest. These operations, when executed with prudence, 

will exceed the current level of safety as the regulations from which exemption is sought. 

UA operations will allow greater access to commercial aerial services that were not 

previously economically feasible for many firms. This will provide a much needed 

economic uplift to the community and hence the public. UA operations are associated 

with less risk of collateral damage to persons and property while limiting disruptive noise 

pollution associated with low altitude aviation operations.

VI. Summary
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Pursuant to Section 333 of PL 112-95 commonly known as the “FAA Modernization and 

Reform Act of 2012”, I 3 Productions, hereby applies for authorization to conduct 

commercial unmanned aerial systems (UAS) operations for the purposes of aerial 

photography & videography, search & rescue (emergency response), news gathering, 

data collection, wildlife surveys, inspections, precision agriculture & conservation, 

mapping, real estate, commercial videos, closed set filming, and any other related 

entities/activities that can utilize the safe and efficient operation of sUAS aircraft Rules 

for which exemption is sought:

 14 C.F.R. Part 21 Subpart H

 14 C.F.R. § 45.23(b)

 14 C.F.R. § 61.101, 61.113 and 61.133(a)(1)(ii)

 14 C.F.R. § 91.7(a)

 14 C.F.R. 91.9(b)

 14 C.F.R. § 91.103

 14 C.F.R. § 91.109(a)

 14 C.F.R. § 91.119

 14 C.F.R. § 91.121

 14 C.F.R. § 91.151(a)

 14 C.F.R. § 91.215(b)

 14 C.F.R. § 91.405(a)

 14 C.F.R. § 91.407(a)(1)

 14 C.F.R. § 91.409(a)(2)

 14 C.F.R. § 91.417(a) & (b)

VII. Attachments:

1. Specific UAV manuals

a. Yuneec Tyhoon Q 500 4k 

b. Yuneec Tyhoon H

c. Yuneec Tyhoon H 920

d. DJI Inspire 1 pro

e. DJI Matrix 100- Developer

f. DJI Phantom

g. DJI Spreading Wings S 1,000

Yuneec Tyhoon User Manuals and Quick Start Guide available online @ 

yuneec.com/support

DJI User Manuals and Quick Start Guide available online @ dji.com

VIII. Conclusion

In meeting the criteria provided in Section 333 of the Reform Act of 2012, considering 

the size, speed, capabilities, utilization of visual line-of-sight, and operating constraints 

around controlled airspace and populated areas, I 3 Productions has demonstrated 
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justification for the grant of the requested exemptions to operate sUASs in the defined 

areas. Approval of this exemption request will allow I 3 Productions to conduct 

commercial operations with small-unmanned aerial systems. Due to each of the sUASs 

size, weight, lack of flammable fuel, and lack of passengers or crew on board, the risk to 

the general public and property owners are virtually eliminated. If you have any questions 

or require any additional information, please do not hesitate to call.

Thanks and good day, 

I 3 Productions

Aaron Jezisek

info@ithreeproductions.com